This Court of Appeal case arose from a three car accident personal injury claim. This case was complicated by numerous tortious and non-tortious incidents which caused or aggravated the chronic mental and physical injuries before and after the car accidents in question.(Khudabux v. McClary,2018 BCCA 234) A review of the trial judge’s reasons can be found at $75,000 pain and suffering Award for…
The personal injury claimant was turning left at a dedicated left-turn lane in order to enter the parking lot of Kensington Square Shopping Centre on East Hastings Street in Burnaby, B.C. and collided with another vehicle travelling eastbound on East Hastings Street (Jones v. Frohlick,2018 BCCA 170). He suffered a displaced fracture of the sternum, and injuries…
This was an appeal by the City of Salmon Arm from a finding of negligence for injuries suffered when the claimant tripped over the metal base of a broken traffic sign that was protruding from a sidewalk. The judge concluded the City breached the standard of care in not locating and repairing the sign before the incident. The injury…
The Court of Appeal has dismissed an appeal finding a truck driver solely liable for the serious injuries suffered by a motorcyclist totaling $838,430 in losses. The injury claimant was seriously injured when the motorcycle he was riding collided with the front end of the left-turning transport truck (Ranahan v. Iron Horse Enterprises & Logistics Inc.,2018 BCCA…
This pedestrian suffered serious injuries when he was struck by a runaway snowmobile. The snowmobile operator had been thrown off the machine and the snowmobile sped one kilometre across open terrain before striking the claimant (Passerin v. Webb,2018 BCSC 289). The snowmobiler was not using the the tether cord which would have automatically shut off…
The Court of Appeal has ruled that admitting liability and settling a lawsuit but also denying liability in another lawsuit for the same car accident is not an abuse of process. (Glover v. Leakey,2018 BCCA 56) This case involved a car accident in which two lawsuits were commenced by different occupants. In one lawsuit ICBC admitted their…
This personal injury claimant was found 50% at fault for a car accident. The issue on this court application was whether the claimant should also recover only 50% of his legal costs.(Elima v. Dhaliwal,2018 BCSC 115). This personal injury lawsuit relates to a a motor vehicle accident which occurred at the intersection of Steveston Highway and Coppersmith…
In this bizarre personal injury case a security guard was run over and injured by a fleeing vehicle after a shoplifter stole a pair of sunglasses. ICBC then tried to blame the security guard for being contributorily negligent.(MacKenzie v. John Doe,2018 BCSC 104) The security guard approached the shiplifter’s passenger side and opened the door, saying “store security”. He…
This injury claimant was a passenger in a single vehicle accident. The car accident occurred on Stillwater Main Road, a gravel logging road which intersects Highway 101 near Powell River, British Columbia. As the claimant’s vehicle approached the intersection, the driver lost control, the vehicle fishtailed, went up onto an embankment, launched into the air and rolled…
The claimant was allegedly injured in a car accident on Kingsway, approaching the intersection at Hall Avenue, in Burnaby. However in this pithy decision the Court of Appeal permitted the negligent driver to dispute that the claimant was in the vehicle at the time of the car accident despite admitting negligence (Brennan v. Colindres,2017 BCCA 413). The negligent driver testified…
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